Court No. - 51
Case :- CRIMINAL MISC. WRIT PETITION No. - 20274 of 2018 Petitioner :- Raj Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- G.A.
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Exemption Application is allowed.
Heard learned counsel for the petitioner, Sri Kapin Dev Singh Rathor, learned counsel for respondent no. 4 and learned A.G.A. for the State.
This writ petition has been filed with the prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned F. I. R. which has been registered as Case Crime No. 50 of 2018 Under Section 135 of Indian Electricity Act 2003, Police Station Bhatpar Rani, District Deoria.
It is an admitted position that an offence under Section 135 of the Electricity Act 2003 is compoundable.
In view of the aforesaid, no useful purpose would be served in keeping the present application pending before this Court and, hence, the same is being disposed off in the following terms:
In case, the petitioner moves an application for compounding/dropping the proceedings before the appropriate authority in accordance with the provisions with regard to compounding within a period of one month from today, the appropriate authority shall consider and dispose of the same within a period of next two months by means of a reasoned and speaking order after giving an opportunity of hearing to the petitioner.
Till the disposal of the aforesaid application by the appropriate authority, no coercive action shall be taken against the petitioner in the aforesaid case.
In case, the petitioner does not comply with the direction as given above, the interim protection granted by this Court shall stands automatically vacated.
Order Date :- 30.7.2018 Swati